HOUSE AMENDED
PRIOR PRINTER'S NO. 1920 PRINTER'S NO. 2431
No. 1413 Session of 2002
INTRODUCED BY MADIGAN, WENGER, O'PAKE, THOMPSON, HELFRICK,
COSTA, KITCHEN, MURPHY, GERLACH, LOGAN, WOZNIAK, CORMAN,
ROBBINS, ARMSTRONG, RHOADES, D. WHITE, PUNT, KASUNIC, MUSTO,
STOUT, M. WHITE, LEMMOND AND MELLOW, APRIL 17, 2002
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 26, 2002
AN ACT
1 Amending the act of June 10, 1982 (P.L.454, No.133), entitled
2 "An act protecting agricultural operations from nuisance
3 suits and ordinances under certain circumstances," further
4 providing for limitation on local ordinances.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3 of the act of June 10, 1982 (P.L.454,
8 No.133), entitled "An act protecting agricultural operations
9 from nuisance suits and ordinances under certain circumstances,"
10 amended March 19, 1992 (P.L.17, No.6), is amended to read:
11 Section 3. Limitation on local ordinances.
12 (a) Every municipality shall encourage the continuity,
13 development and viability of agricultural operations within its
14 jurisdiction. Every municipality that defines or prohibits a
15 public nuisance shall exclude from the definition of such
16 nuisance any agricultural operation conducted in accordance with
17 normal agricultural operations so long as the agricultural
1 operation does not have a direct adverse effect on the public
2 health and safety.
3 (b) Direct commercial sales of agricultural commodities upon
4 property owned and operated by a landowner who produces not less
5 than 50% of the commodities sold shall be authorized,
6 notwithstanding municipal ordinance, public nuisance or zoning
7 prohibitions. Such direct sales shall be authorized without
8 regard to the 50% limitation under circumstances of crop failure
9 due to reasons beyond the control of the landowner.
10 (c) (1) No municipality shall adopt any ordinance or
11 implement any policy that is contrary to this act and its
12 purposes or any other laws of this Commonwealth. Local
13 regulation shall be consistent with this act and shall not
14 unfairly discriminate against agricultural operations.
15 (2) Any person aggrieved by a violation of this
16 subsection may institute an action in a court of proper
17 jurisdiction to invalidate any ordinance or policy in
18 violation of this subsection.
19 (3) If the court determines that a municipality
20 willfully or with wanton disregard violated a provision of
21 this act, in whole or in part, the court may award the
22 prevailing party reasonable attorney fees and costs of
23 litigation or an appropriate portion of the fees and costs.
24 If the court finds that the legal action was of a frivolous
25 nature or was brought with no substantial justification, the
26 court may award the prevailing party reasonable attorney fees
27 and costs of litigation or an appropriate portion of the fees
28 and costs.
29 (4) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO <--
30 DIMINISH OR EXPAND THE AUTHORITY PROVIDED TO ANY MUNICIPALITY
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1 UNDER OTHER LAWS TO REGULATE, CONTROL OR REQUIRE PERMITTING
2 FOR THE LAND APPLICATION OF CLASS A OR B SEWAGE SLUDGE.
3 (5) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
4 DIMINISH OR EXPAND THE AUTHORITY TO REGULATE AGRICULTURAL
5 OPERATIONS OTHERWISE PROVIDED TO ANY MUNICIPALITY UNDER THE
6 ACT OF MAY 20, 1993 (P.L.12, NO.6), KNOWN AS THE NUTRIENT
7 MANAGEMENT ACT, OR OTHER LAWS OF THIS COMMONWEALTH.
8 Section 2. This act shall take effect immediately.
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